Mirror of Justice

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Friday, June 29, 2012

Two (other) cases of note

The U.S. Court of Appeals for the Fourth Circuit has decided, in recent days, two important decisions that should be of interest to MOJ readers.  First, in this case, the court invalidated a Baltimore rule requiring that "limited-service pregnancy centers" post signs saying that they "do[ ] not provide or make referral for abortion or birth control services."  The rule's defenders had argued that this speech-compulsion was a permissible regulation of "commercial speech" (which enjoys reduced First Amendment protection) and this argument was rejected.  (More here.) And, as Marc reports here, the court in this case held that it does not violate the Establishment Clause to allow public-school students to receive "two academic credits for off-campus religious instruction offered by private educators."  Both results, in my view, are welcome.

http://mirrorofjustice.blogs.com/mirrorofjustice/2012/06/two-other-cases-of-note.html

Garnett, Rick | Permalink

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Thank you for your amicus brief in the pregnancy center cases, Professor! On to the Second Circuit.

Posted by: Matt Bowman | Jun 29, 2012 12:06:07 PM

In North Dakota nonpublic school students must complete all the courses required for the public school students in order to graduate including a certain number of "electives." Last year legislation was enacted that allowed some religion classes to be counted toward the required electives. These courses are essentially "approved" by the state.

If I follow the logic of the the Fourth Circuit correctly, a public school high school student could take some of the religion classes at the local Catholic high school and have them count as credits toward graduation, even if he or she technically graduated from the public high school.

Posted by: ctd | Jun 29, 2012 3:53:57 PM